JUDGMENT :

A.K. RATH, J.

Plaintiff no.2 is the appellant against confirming judgment. The suit was for permanent injunction.

2. The case of the plaintiffs is that the suit land was jointly recorded in the name of Gobinda Rout, Musei Rout, Banei Rout, Ananda Rout and Dinabandhu Rout. They were the members of the joint family. Their dwelling house exists over the suit land. The successors in interest of the above tenants including the plaintiffs are in occupation of the suit land. The suit land has not been partitioned by metes and bounds. Defendant nos.1 and 3 are strangers to the family of the plaintiffs and defendant no.4. They have fraudulently obtained a registered sale deed from defendant no.4 measuring an area A0.02.2 of the suit land comprising the private joint passage. The sale deed is a nominal one. They tried to disturb the peaceful possession and enjoyment of the suit homestead land and obstructed the joint passage. With this factual scenario, the suit was instituted seeking the relief’s mentioned supra.

3. The defendants filed written statements denying the assertions m